Random breathalyser tests would help address concerns that proposed new regulations do not go far enough to deter ship operators from being under the influence while at sea, according to the former Chair of the Jersey Lifeboat Association.
Ben Shenton today told politicians scrutinising proposed changes to the island’s maritime legislation that “the threat of a random check” could act as a deterrent, even if they were conducted “very rarely”.
The Economic and International Affairs Scrutiny Panel is reviewing plans to alter the Harbours (Inshore Safety) Regulations, which were approved in principal in July – but referred to scrutiny with debate due to resume next month.
Even if they do them very rarely, just the threat of a random check is enough
ben shenton
The key changes include new offences for the dangerous and careless operation of a vessel, including where serious injury or death has occurred, as well as aggravated offences for when alcohol or drugs are involved.
The offences will also give the police and harbourmaster the authority to require a breath test of a suspect during the course of an investigation into a serious injury or death.
However, Deputy Tadier’s Panel had raised concerns that being under the influence of alcohol is not considered an offence in its own right under the proposed regulations, describing the current plans as sending “a very mixed message” about what is acceptable when operating a vessel.
During a hearing held as part of the review, Mr Shenton said “there should be random breathalysing”.
Deputy Tadier asked whether this should just apply to “commercial and duty-bound” vessel operators.
“It depends on how far we want to go as a jurisdiction,” Mr Shenton replied.
“There is a difference between those operating a boat professionally and those out just on the sea having a gin and tonic and a little cruise around.
“Obviously the law is much more stringent on those operating professionally.”
Panel member Deputy Max Andrews also asked if Mr Shenton thought there was a need to ensure there was “an active deterrent”, such as enforcement officers carrying out checks when boats are coming in and out of the harbour.
“Absolutely,” he said. “Even if they do them very rarely, just the threat of a random check is enough.”